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>3th CONG.HESS, 
1st Session. 



[ 42 ] 



MEMORIAL 



OFFICERS ENGAGED IN THE EXPEDITION 



AGAINST THE 



* IN 1818, 



Kepresenting- that an erroneous construction has been given to an act of Congress 

for their relief. 



JANUARY 22, 1824. 
Printed by order of the House of Representatives, 



WASHINGTON: 

i-UlXTF.n KT GALES & SEATON, 
1824. 



[42] 



8 



MEMORIAL. 



T(f the Senate and House of Representatives of the United States of 
•America in Congress assembled* 

The undersigned officers, engaged in the Seminole expedition in 
the year 1818, represent that, by the construction given to that act 
by the accounting officers of the Treasury Department, they have 
been denied that redress which was intended to be extended to them 
by an act ot Congress, passed 4th May, 1822, complain of an error 
in the construction of that act. 

1st. That the construction has been withheld from the officers en° 
gaged in that service, contrary to the expressions and effect of the 
act. 

2d. That 40 cents per day for the use and risque of the horses by 
tliem actually employed, has been withheld; although, by the act of 
1817, it was stipulated and agreed that the compensation to the vo- 
lunteers, entering on the service, should be as high as any given dur- 
ing the war with Great Britain. 

Sd. The accounting officer of the Treasury Department has with- 
held from the field and staff officers, under the act of Congress of the 
4th May, 1 822, compensation for their losses, by placing a raiscon- 
structioH upon the law. 

4th. The accounting officer of the Treasury Department has with- 
held compensation to the officers and soldiers who lost property in 
action, by placing a misconstruction upon the law. 

5th. The accounting officer of the Treasury Department has with^ 
held, or deducted from each officer's claim, the amount received in 
money, on account of the deficiency of forage not furnished by Go- 
vernment, although many of them had in service more than one 
horse, and received pay for the deficiency of forage for all they actu- 
ally had in service, and was entitled to have, agreeable to rank-— -the 
amount so received has been deducted from the horse so lost, although 
compelled to purchase another horse or horses, they are not allowed 
any pay for any deficiency of forage if he unfortunately lo^es a 
horse by which accident he forfeits all he ever received on account 
of a deficiency of forage, both on the horse lost, and the horse or 
horses that they had in service that were not lost. 



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[42] 



We, therefore, pray that your honorable body will take the case 
into consideration, and extend such relief as the claims merits and, 
in duty bound, we will ever pray, kc, &c. 

Thomas Williamson, late CnL 9.d Regt, T, V, Mounted Gunmen. 

Robert Jetton, late Maj. 1st Regt, T. V. Mounted Gunmen. 

William Phillips, late Lt CoL 9,d Megt. T. V. M. G. 

K. H. Dyer, /a^e Col. 1st Begt. T. V. M, Gunmen. 

William Martin, late 1st. Maj. Qd Regt. T. V, M. Gunmen. 

James Byrn, late Captain. 

Hugh Kirk, late Captain. 

S. W. Hope, late 1st Lieutenant, 

James Cook, late Captain. 

Benjamin Chears, Lieutenant. 

Isaac Watkins, /flie Captain. 

M. K. Alcxa»jder, late 1st Lieutenant. 

Wm. L. Mitchell, Qd Lieutenant. , 

Sam. C. Brook. lAcntenant.t 

John G. Dunlap, late Captaiuv 



[42] 



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Treasury Department, 
Third Jluditor's Office, Q3d December, 

Sir: I have the honor to acknowledge the receipt of your note of 
this mornirij^'s date, requesting me to furnish you with the rules and 
regulations prescribed by the President for settling the claims of the 
volunteers engaged in the Seminole Campaign, and, agreeably to 
^our desire, I transmit to you, herewith, a copy of those rules and re- 
gulations; and, as an opinion of the Attorney General is therein re- 
erred to, I also enclose you a transcript of that opinion, and of the 
jtatement which was submitted to him. 

With great respect, 

Ydur most obedient servant, 

PETER HAGNER, Auditor.. 

General A. Jackson, 



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[42] 



Rules and regulations relative to claims which may be exhibited for al-^ 
lowance under an act, passed 4th May, 1822, entitled " act for the 
relief of the officers, volunteers, and other persons, engaged in the late 
campaign against the Seminole Indians.*' 

The evidence requisite to substantiate a claim for the loss of ai 
horse, or horses, will be, a roll of each company, sworn to by th^i 
commanding officer thereof, if alive, or, if dead, by the next surviv- 
ing officer, shewing the number of horses therein, which, in conse- 
quence of the Government of the United States failing to supply suffi- 
cient forage, died, or were unavoidably abandoned and lost^ the time at 
>vhich the losses happened, and the names of the owners; proof of the 
value of each horse so lost; and a deposition from the claimant, as 
hereinafter mentioned. 

And to substantiate a claim for equipage, or for a gun, or guns, 
lost, there will be required, the certificate of the officer, or surviving 
officer commanding the claimant at the time the loss was sustained, 
proving such loss; that it happened without any fault or neglect of 
the owner, and the value of the article or articles lost. And for a 
gun, or guns, left in possession of the United States, or of any officer 
thereof, there will be required, the certificate of the officer of the 
United States, under whose charge, or to whom the same was or were 
left or delivered, proving the fact, and the value of such gun or guns. 

Every claim must be accompanied by a deposition of the claimant,! 
stating that he has not received from any officer or agent of the Go- ! 
vernment, any horse or horses, equipage, gun, or guns, (as the case 
may be,) in lieu of such as he shall have lost, nop any compensation 
for the same. ) 

All evidence, except the certificates of officers, who, at the time of | 
giving them, were in the military service of the United States, mustj 
be sworn to, before some judge, justice of the peace, or other person 
duly authorized to administer oaths, and proof of such authority 
should accompany the evidence. 

The opinion of the Attorney General will govern, with regard to 
the description of claims for the loss of horses provided for by thei 
law. 

The above rules will govern in the execution of the law referred 

to. 

JAMES MONROE. 



C.42] 



Office of the Attorney Genehal of the U. States, 

May 22, 1822. 

Sir: It is manifest, from the statement accompanying the act of 
the 4th May, 1822, " for the relief of the officers, &c. engaged in the 
Jate campaign against the Seminole Indians," that this act was pass- 
i ed without adverting to the precise state of things on which it was 
intended to bear: thus, in the enacting clause, rangers are named as 
a part of the objects for whom the act ftitended to provide; yet, in 
the same enacting clause, the provision is tied down to cases totally 
inapplicable to rangers, to wit, to the case of losses of horses, ** m 
consequence of the Government of the Ututed States failing to supply 
sufficient forage" — rangers, by the existing laws, having been bound 
to supply their own forage. 

So, in the enacting clause, the general terms, " any officer^ volun- 
! teer, ranger, cavalry, or other persons^ engaged in the campaign of 
1818, against the Seminole In(pans," a purpose is indicated to pro- 
vide for all for whom theUnitejl States were bound to furnish forage, 
and not to limit the provision those who could be considered as 
belonging to a particular compiny; thus, the Urm, any officer, would 
embrace field officers, and the description, any persons, would em- 
brace the owners of teams — and yet, when the act proceeds to state 
the evidence, without which no claim shall be allowed, the generality 
of these terms is unavoidably restrained to those who do belong to 
companies — for the words are, ** provided that no claim shall be al- 
lowed, under the provisions of this act, until proper evidence shall have 
I been received, by the accounting officers, from the company to which 
I THE CLAIMANTS SHALL HAVE BELONGED." Then 710 claim cau be 
' allowed, under the provisions of the act, except to those whocanfur- 
I nishjthe evidence which the law exacts, as the indispensable pre- 
j requisite; to wit, to claimants who shall have belonged to somecom- 
j: pany from which this indispensable evidence is required to come. If 
i there were any ambiguity in these expressions, there would be room 
for construction, and I should adopt that which you suggested, to 
j wit, that this provision is to be considered as confined to the cases of 
I claimants who have, in fact, belonged to companies. But there is 
no ambiguity in the terms, and consequently no room for construc- 
tion. They look to all claims that may be offisred under the act; and 
j declare, in sweeping and absolute terms, that no claim shall be at- 
I lowed, UNDER THE PROVISIONS OF THIS ACT, uutH," <^'c. This pro- 
I viso is a qualification, which operates on the whole law; and though 
I I believe, myself, that it narrows the enacting clause beyond the real 
purpose of Congress, it will not do to take this purpose on credit, 
against the terms of a restriction so clear, so absolute, so explicitly 
exclusive of all claims,in support of which, the specific proof required 



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C 42. ] 



cantiot be furnished. To enlarge, by construction, language so un- 
ambiguous and so imperious, would be to confound construction with 
legislation. It is better to take the sense so clearly and positively 
expressed, and leave it to Congress, if they think proper, to explain 
their purpose by a subsequent law, than for us to legislate, under co- 
lor of construing a law. 

I am therefore of the opinion, that no losses are to be allowed ex- 
cept those which were in consequence of the Government of the Unit- 
ed States' failing to suj)ply sulhcient forage; and that no claims are 
to be allowed, under the provisions of this act, but to such claimants 
as can furnish the evidence called for by the proviso which 1 have 
been considering. 

I am perfectly aware of Ibe inconveniences which this opinion may 
produce; but it is the effect of positive enactments, with which I think 
the Executive officers have no power to dispense. 

. I have the honor to remain, Sir, 
Very respectfully, 

Your obed't serv^t, 

WM. WIRT. 



The Hon. J. C. Calhoun. 



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[To be annexed to Doc. 42.] 
Copy of Statement suhmitted to the Attorney General 

By the fu st section ol'tlie act for the relief of the officers, volunteers, 
and other persons engaged in the late campaign against the Seminole ' 
Indians, it is enacted, 

" That any officer, volunteer, ranger, cavalry, or other persons, 

engaged in the campaign of 1818, against the Seminole Indians, 
^* who has sustained damage by reason of the loss of any horse or 
<^ horses, wliich, in consequence of the government of the United 
" States failing to supply sufficient forage, while engaged in said ser- 
" vice, died, or were unavoidably abandoned and lost, shall be allow- 

ed and paid the value thereof." 

Qw. 1. Does this section provide for any other losses than those 
consequent on the failure of the government to supply sufficient forage? 

2. Or are the w^ords " or were unavoidably abandoned and lost,'* 
to be considered as providing for losses happening from other causes 
than the want of forage? 

Unless these words will admit of such a construction, (and which it 
is thought their connection with other preceding words forbids,) the 
reason for inserting the word " ranger,'' and the words or other 
persons," cannot be discovered. Rangers were bound by law to pro- 
vide tiicir own forage; and the failure to supply forage could not, 
therefore, have been on the. part of the government, but of themseh es. 
The words, or other persons," are presunr^ed to have been intended 
to comprehend the owners of teams, several claims of such persons 
engaged in the Seminole campaign, for the loss of horses, having 
been provided for by special acts; and in these cases the losses were 
caused neither by the death of the horses, nor by their being abandon- 
ed by their owners iii consequence of the failure of the government to 
supply sufficient forage, but by the horses being impressed from the 
teams by public authority, and sent into the wilderness as pack-hor- 
ses, from whence they were never returned to their owners. It ap° 
pears that a considerable number of teams were employed, and that, 
on their reaching Fort Early, a general order was issued for the im- 
pressment of two horses from each team. 

If the second question be decided in the affirmative, then the provi- 
sion as to losses consequent on the failure to supply sufficient for- 
age, will, it is conceived, be limited to cases where the horse or hor- 
ses can be proved to have died, and will not extend to those abandon- 
ed through inability to travel, arising from that cause. 

One proviso in the act requires that, if any payment shall have 
been made to any officer or soldier for the use and risk, after the death 
'2 



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C42 ] 



or abandonment of his horse, the amount should he deducted: and 
another prohibits the allowance of any claim till proper evidence shall 
have been received by the accountirag officers from the company to 
which the claimants belonged, shewing the number of horses lost in 
said company, in manner aforesaid, the. time when lost, and the name 
of the owner. 

These provisos would seem to exclude the claims not only of rang- 
ers and the owners of teams, but also of the field and staff officers. 
Cavalry were entitled, in addition to their monthly pay, to 40 cents 
a day for the use and risk of their horses, arms, and accoutrements; 
and it is to this class of troops the proviso first referred to doubtless 
has reference. Rangers were not entitled to any specific allowance 
for the use and risk of their horses, &c.; but to one dollar a day, as 
full compensation for their services, rations, and forage. Neither 
field and staff officers, nor the owners of teams, can be considered as 
delonging to any particular company. 



LIBRARY OF CONGRESS 



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